HBA-JRA H.B. 1860 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1860
By: Gutierrez
Public Health
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Acanthosis nigricans is a primary marker for high insulin levels that are
indicative of insulin resistance.  Insulin resistance is a primary factor
in the development of Type 2 diabetes.  The development of Type 2 diabetes
can be prevented by identifying insulin resistance early in life. Current
law requires school children to be screened for vision and hearing
disorders.  Screening for acanthosis nigricans involves only a visual check
of the child's neck and can be done in conjunction with vision, hearing,
and scoliosis screening.  H.B. 1860 requires school children to be screened
for acanthosis nigricans during the required vision and hearing screening. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 47.002, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 2, Health and Safety Code, by adding
Chapter 47, as follows: 

CHAPTER 47.  SCREENING FOR ACANTHOSIS NIGRICANS

Sec. 47.001.  DEFINITIONS.  Defines "acanthosis nigricans," "professional
examination," "school," and "screening test." 

Sec. 47.002.  SCREENING PROGRAM FOR ACANTHOSIS NIGRICANS.  (a)  Requires
the Texas Board of Health (board), by rule, to require screening of
individuals who attend public or private schools to detect acanthosis
nigricans.  Authorizes the board, in developing the rules, to consider the
number of individuals to be screened and the availability of personnel
qualified to administer the required screening. 

(b)  Provides that the rules must include procedures necessary to
administer screening activities. 

(c)  Requires the board to require acanthosis nigricans screening to be
performed at the same time as the required hearing and vision screening. 

(d)  Authorizes the Texas Department of Health (TDH) to coordinate the
acanthosis nigricans screening activities of school districts, private
schools, state agencies, volunteer organizations, and other entities so
that the efforts of each entity are complementary. Authorizes TDH to
provide technical assistance in developing screening programs and education
and other material to assist local screening activities. 

(e)  Requires TDH to monitor the quality of screening activities provided
under this chapter. 

Sec. 47.003.  COMPLIANCE WITH SCREENING REQUIREMENTS.  (a)  Requires each
individual required to be screened to undergo approved screening for
acanthosis nigricans as soon as possible after the individual's admission
to a school and annually as required by  board rule.  Authorizes the
individual, or the individual's parent if the individual is a minor, to
substitute a professional examination for the screening. 

(b)  Exempts an individual from screening if screening conflicts with
tenets and practices of a recognized church or religious denomination of
which the individual is an adherent or a member.  Provides that the
individual, or the individual's parent, managing conservator, or guardian,
must submit an affidavit stating the objection to the screening to the
chief administrator of the school on or before the day of the screening
procedure to qualify for the exemption. 

(c)  Requires the chief administrator of each school to ensure that each
individual admitted to the school complies with the screening requirements
set by the board or submits an affidavit of exemption. 

Sec. 47.004.  RECORDS; REPORTS.  (a)  Requires the chief administrator of
each school to maintain, on a form prescribed by TDH, and screening records
for each individual in attendance, which must be open for inspection by TDH
or the local health department. 

(b)  Authorizes TDH to enter a school and inspect acanthosis nigricans
screening records. 

(c)  Authorizes the transfer of an individual's screening records among
schools without the consent of the individual or, if the individual is a
minor, the minor's parent, managing conservator, or guardian. 

(d)  Requires the person performing the screening to send a report
indicating that an individual may have acanthosis nigricans to the
individual or, if the individual is a minor, the minor's parent, managing
conservator, or guardian.  Provides that the report must include an
explanation of acanthosis nigricans and related conditions, a statement
concerning an individual's or family's access to financial or medical
assistance for evaluation and treatment of conditions related to acanthosis
nigricans, and instructions to help the individual or family receive
evaluation and treatment. 

(e)  Requires each school to submit to TDH an annual report on the
screening status of the individuals in attendance during the reporting year
and any other information required by the board on a form prescribed by TDH
and according to board rules. 

SECTION 2.  Effective date: September 1, 1999.
Makes application of this Act prospective to the 1999-2000 school year.

SECTION 3.  Emergency clause.